Memorandum of Understanding with the Glendora Police Department

CITY OF GLENDORA POLICE DEPARTMENT
ANDCITRUS COMMUNITY COLLEGE DISTRICTDEPARTMENT OF CAMPUS SAFETY

MEMORANDUM OF UNDERSTANDING

INTENT:
It is the intent and the purpose of this agreement to set forth the total and complete understanding between the City of Glendora Police Department (GPD) and the Citrus Community College District Department of Campus Safety (CS) regarding crime reporting and criminal investigation responsibilities for incidents that occur on the college district property. It is, likewise, the intent for both parties to work together to enhance the safety and security of persons on and around the campus.

TERM:
This memorandum shall remain in effect until rescinded or modified, including while the parties are meeting and conferring on a successor Memorandum of Understanding (MOU). The procedures established in this MOU may be evaluated and amended in the future on mutual agreement of both agencies or may be canceled with a 30 day notice in writing by either party if a substantial disagreement over practices cannot be resolved. Any amendment shall be in writing, signed by appropriate representatives of both agencies. It is further understood that an evaluation shall be made of this agreement no later than twelve months from the date of execution.

SUBORDINATE TO LAW:
This memorandum shall, in all respects, be subject and subordinate to the statutory provisions of the State of California and the U.S. Government in effect at the time of its execution, and may be changed by operation of law, during the life of this MOU.

INCIDENT REPORTS AND INVESTIGATIONS:
Preparation of incident reports and conducting investigations concerning incidents that occur on the grounds of the Citrus Community College campus will generally be the responsibility of CS with the following exceptions listed below. In all serious cases, or for crimes just occurred, notification of GPD will take place immediately.

Homicide:
GPD, or any other agency with jurisdiction over the incident, in conjunction with GPD, will conduct all homicide investigations.

Robbery:
CS will conduct the initial investigation until GPD personnel arrive, and then assist as requested. Both will write reports for their respective departments.

Kidnapping:
GPD and any other agency which has concurrent jurisdiction or which has been requested to assist with the investigation by GPD, will conduct the investigation. CS will generate a report for college purposes and will assist as necessary.

Felony Assault:
In cases involving shooting, stabbing or other serious bodily harm, the CS Supervisor or a designee will notify GPD immediately. In cases involving shooting, active shooter incidents, stabbings or other violent crimes; GPD will have operational responsibility in response to said crimes. In all other assault cases, CS will begin the investigation of the incidents occurring on the campus and then notify GPD.

Petty Theft:
CS will document all petty theft reports, inclusive of bicycles. Completed reports will be forwarded to the Investigation Division of GPD with any investigative leads and complete information to facilitate follow-up by GPD personnel.

Grand Theft:
CS will begin the investigation and contact GPD as soon as practical to file a report.

Possession of a Controlled Substance:
Possession of Controlled Substances, as described in Section 11054, 11055, 11056, 11057, and 11058 of the Uniform Controlled Substances Act, include – but are not limited to: marijuana, hash, hash oil or concentrated cannabis. When incidents involving controlled substances on campus arise, CS will begin the investigation and immediately contact GPD if any illegally possessed controlled substances are found. Any drugs or narcotics seized or found will be turned over to GPD personnel immediately. CS will write a report documenting how the drugs came into the possession of CS and forward a copy to GPD Investigations Division as soon as practical.

Sex Crimes:
Rapes, like other serious felony assaults, require immediate notification of GPD. All reports of sexual assault will be handled by CS and GPD, in coordination with the Citrus College Vice President of Student Services, the Title IX Coordinator, and the victim. The Vice President of Student Services, Title IX Coordinator, and CS will assure that the college procedures for handling a sexual assault are followed. All sex crimes, including indecent exposure cases reported to CS, will be documented on a report and forwarded to the Investigations Division of GPD in a timely manner. In those cases in which the alleged victims chooses not to have their personal information reported, in keeping with the Family Education Rights and Privacy Act, CS will provide a “Jane/John Doe” report to GPD in a timely manner.

Crimes Against Children:
GPD will have primary responsibility for these investigations. CS will document the reporting of such crimes and provide assistance where needed.

Minors as Suspects:
If the crime warrants the service of GPD, CS personnel will notify GPD. Otherwise the minor will be identified, warned and released. In questionable conduct by a minor, i.e. vandalism, graffiti, theft, etc., it is preferred that GPD personnel be called to the scene to evaluate the conduct in relation to other crimes that may have occurred off campus.

ASSISTANCE REQUESTS:
The CS Supervisor or his/her designee may occasionally call upon the assistance of GPD for investigative follow-up of other crimes or incidents. Any requests for follow-up will normally be addressed to the Watch Commander but may be made to the Investigations Division Supervisor.

CASE NUMBERING:
GPD shall assign case numbers to all incidents occurring on the Citrus College campus for which GPD assumes initial or follow-up responsibility to an existing CS case. A GPD case number will not be assigned to CS reports submitted to GPD for information purposes only.

NOTIFICATION OF INCIDENT/EVENTS:
The CS Supervisor or his/her designee shall notify GPD of any incidents occurring on the Citrus College campus that need immediate action or response by police personnel. CS will send Daily Crime Logs via email to the GPD Investigations Division Sergeant, upon request.

In addition, CS will send notice of upcoming events that may impact traffic on neighboring streets, or create a heightened need for security in and around the campus, to the GPD Special Events Coordinator, or notify the Watch Commander at least two weeks in advance of the scheduled or anticipated event. If the information is not available two weeks prior to the event, CS will notify GPD immediately upon receiving the information.

EVIDENCE/FOUND PROPERTY:
GPD will collect and store physical evidence in cases for which they assume responsibility. They will also store and dispose of found property turned in and properly documented on CS report forms. Property items of low value (less then $500) will be kept by CS for a minimum of 90 days in a "lost and found" status to allow rightful owners an opportunity to claim them. Unclaimed items of low value exceeding 90 days will be disposed of by CS. Items of higher value (more then $500) will be turned over to GPD.

ARRESTS:
All arrests by CS personnel will be governed by the laws of arrest as dictated by the California Penal Code. Any arrest by CS personnel will be made as a private person’s arrest in the presence of GPD Officer who will take custody of the arrestee as provided by law. If an arrestee must be transported off campus GPD personnel will provide such transportation. A CS Officer or Supervisor may accompany them and remain present to complete booking information when appropriate.

JAIL PROCEDURES:
All jail procedures and regulations regarding booking or interrogation of persons detained at the GPD jail will be conducted by GPD personnel. CS will provide assistance as required by GPD to facilitate the processing of prisoners associated with CS detentions of arrests.

CRIMINAL HISTORY:
The CS Supervisor may request from GPD criminal history and crime report information required for investigative purposes related solely to incidents that have occurred on the Citrus College campus. All requests shall be made through an Investigations Supervisor, Watch Commander or Records Supervisor. GPD will release only that information permitted by law.

CLERY ACT COMPLIANCE:
In compliance with The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), originally known as the Campus Security Act; GPD will assist Citrus College with Clery Act compliance by disclosing to CS any information about the below crimes that were reported to have occurred on or around the Citrus College campus. GPD will disclose information and crime statistics for said crimes alleged to have occurred on campus, in unobstructed public areas immediately adjacent to or running through the Citrus College campus. The Clery Act requires reporting of the following crimes in these major categories, some with significant sub-categories and conditions:

Criminal Homicide

Murder and Non-negligent manslaughter

Negligent manslaughter

Sex Offenses

Forcible

Non-Forcible

Robbery

Aggravated Assault

Burglary, where:

There is evidence of unlawful entry (trespass), which may be either forcible or not involve force.

Unlawful entry must be of a structure - having four walls, a roof, and a door.

There is evidence that the entry was made in order to commit a felony or theft.

Motor Vehicle Theft

Arson

Citrus College is required to report statistics for the following categories of arrests. For Clery reporting purposes, a citation issued for the following offenses is considered an arrest:

Liquor Law Violations

Drug Law Violations

Illegal Weapons Possession

Citrus College must also include reported hate crimes and they must be reported by category of prejudice, including race, gender, religion, sexual orientation, ethnicity, and disability. Statistics are also required for four additional crime categories if the crime committed is classified as a hate crime:

Larceny/Theft

Simple Assault

Intimidation

Destruction/Damage/Vandalism of Property

In addition, Citrus College must include statistics for the following: dating violence, domestic violence, and stalking. Statistics pertaining to incidents of domestic violence, dating violence, and stalking that are reported to have occurred within the Citrus’ Clery geography are to be included in Citrus' Annual Security Report.

Clery Crime Notifications:
Should any of the above Clery crimes be reported to GPD and not to CS, the Watch Commander or his/her designee will notify the CS Supervisor as soon as practical upon receiving said report. The notification will assist Citrus College with Clery Act compliance.

Timely Warnings:
In accordance with the Timely Warning provisions stipulated within the Clery Act, in the event that a situation arises, either on or off campus, that, in the opinion of the CS Supervisor, dean of students, and vice president of student services, constitutes an ongoing or continuing threat; a campus wide Timely Warning will be issued by CS. The issuance is intended to notify students and employees in a manner that is timely and will aid in the prevention of similar crimes.

QUALIFICATIONS OF PERSONNEL:
The Citrus Community College District and its Department of Campus Safety, will assure that security services and functions will only be performed by persons employed as Campus Safety Officers or the Supervisor and each will meet the requirements of that employment.

INDEMNIFICATION:
The parties further agree to defend, hold harmless and indemnify each other, their officers, agents, and employees against all actions attributable in whole or in a part to claims, judgments, loss, damages, liability, including but not limited to the payment of attorney’s fees costs, resulting from actions whether discretionary or ministerial, on the part of any employee or agent of the parties.

JURISDICTION:
Notwithstanding any of the foregoing, it is understood that GPD retains original jurisdiction over criminal matters occurring on and around the campus. We, the signees, further acknowledge that this MOU does not preclude GPD from pursuing any criminal investigation, whether or not the criminal act occurred on or off the property of Citrus Community College District, and CS agrees to cooperate in these investigations.